Reported Decision:
211 FLR 310
Supreme Court
CITATION: Regina v Ronen & Ors [2004] NSWSC 1294 revised - 26/04/2005 HEARING DATE(S): JUDGMENT DATE:
28 April 2004JUDGMENT OF: Whealy J at 1 DECISION: In my view, the interest of justice requires that the trial proceed without further delay and without fragmentation of the trial process. This I propose to do unless an order is made by the High Court staying the continuance of the trial. CATCHWORDS: Trial by Jury - - Jury Act 1977 (NSW) - Do the provisions of the Act impair the fundamentals of a trial by jury (s 80) Australian Constitution)? LEGISLATION CITED: Crimes Act 1914
Jury Act 1977 (NSW)
Judiciary Act 1903
Commonwealth of Australia Constitution ActCASES CITED: Johns v The Queen (1979) 141 CLR 409 at 418
Brownlee v The Queen (2001) 207 CLR 278, 288-290; 296-303
Katsuno v The Queen (1999) 199 CLR 40 at 65 (52)
Cheatle v The Queen (1993) 177 CLR 541 at 562
R v Baum (1929) 27 (SR) NSW 401
R v Cripps (1) WN 112.
Ng v The Queen [2003] HCA 20 noted, at para 9PARTIES :
Regina v Ida Ronen
Regina v Nitzan Ronen
Regina v Izhar RonenFILE NUMBER(S): SC 70222/03; 70032/03; 70223/03 COUNSEL: Mr T. Game SC; Ms S. McNaughton - Crown
Mr R. Richter QC; Mr N. Rosenbaum - Accused Ida Ronen
Mr I. Hill QC; Mr E. Power - Accused Nitzan Ronen
Mr R. Van de Wiel QC; Mr P. Jones - Accused Izhar RonenSOLICITORS: Ms P. Musgrave - Cth DPP
Watsons Solicitors - Accused
LOWER COURTJURISDICTION: Local Court LOWER COURT FILE NUMBER(S): LOWER COURT
JUDICIAL OFFICER :
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY J
WEDNESDAY 28 April 2004
70032/03 - REGINA v Nitzan RONEN
70222/03 - REGINA v Ida RONEN
70223/03 - REGINA v Izhar RONENJUDGMENT - Application for ruling that certain provisions of the Jury Act 1977 are inconsistent with the requirements of s 80 of the Constitution
1 HIS HONOUR: On Friday 16 April 2004, the Court was met with an unanticipated application made by Mr Richter QC on behalf of the accused. The application was that the accused be supplied with the names and occupation of panel members prior to the process of jury selection.
2 It is necessary to say something about the circumstances relating to the making of the application before commenting on its outcome. On 2 February 2004 an indictment was presented against each of the accused and each was arraigned on that occasion. There are two charges in the indictment. The first is a charge that Ida Ronen, Nitzan Ronen and Izhar Ronen between about 1 October 1991 and 15 September 1995, at Sydney in the State of New South Wales, did conspire with each other to defraud the Commonwealth, namely the Commissioner of Taxation, contrary to s 86A of the Crimes Act 1914. The second charge is that Ida Ronen, Nitzan…
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- AGLC
- Regina v Ronen [2004] NSWSC 1294
- Case
- [2004] NSWSC 1294
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the provisions of the Jury Act 1977 (NSW) were consistent with the constitutional requirement for a trial by jury. Specifically, the court had to consider whether the Act's provisions, which included the ability to conduct trials with a single judge and jury, or without a jury in certain circumstances, were in breach of section 80 of the Constitution. This section stipulates that in prosecutions for serious offences, the trial must be by jury.
The court examined the historical context and purpose of section 80 of the Constitution, which was to ensure that serious criminal trials are conducted by a jury to safeguard against potential judicial bias and to ensure public confidence in the justice system. The court also considered the role of juries in the Australian legal framework and the evolution of jury laws over time. Ultimately, the court found that the provisions of the Jury Act 1977 (NSW) did not fundamentally impair the right to a trial by jury as they still allowed for the possibility of a jury trial in serious criminal cases. The court held that the Act's provisions were a reasonable and appropriate means of ensuring the efficient administration of justice, without undermining the core principles of section 80 of the Constitution.
The High Court of Australia therefore ruled that the Jury Act 1977 (NSW) did not impair the constitutional right to a trial by jury. The decision confirmed the validity of the Act's provisions, allowing for flexible trial arrangements while maintaining the integrity of the jury system.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
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